Saliva Test for THC: How it Works, Penalties and What to Do if You Test Positive

In terms of driving, the regulations establish a zero tolerance for the presence of drugs in the body. The result of a saliva test is positive or negative, regardless of the amount. It is considered negative when it is below the established detection threshold, which is very low, and any amount exceeding this threshold is punishable.

Upon obtaining a positive result in the drogotest, the police will take an additional saliva sample in sufficient quantity to perform another laboratory analysis, ensuring the chain of custody. The driver has the right to request, in accordance with article 14.5, a contrast test, which will generally be a blood test, to confirm or refute the initial result. These tests must be carried out in health centers under the custody of the agents in order to be legally valid.

You have the right to present allegations within 20 calendar days from the notification of the initiation of the sanctioning procedure; but doing so implies waiving the benefit of the reduced payment of 50%.

Yes, the drogotest can yield false positives, i.e. detect traces of penalized substances even when the drug has not been consumed, due to factors such as interference from certain medications or individual variables (age, sex, hydration, etc.). At the time of the fine, the police themselves will collect an additional saliva sample to be compared with a subsequent laboratory analysis. If this is negative, the fine will be withdrawn.

If you consider that the result of the drogotest is wrong, you must formally request the contrast test, which involves going to the nearest medical center to perform a more accurate analysis (usually blood sample), guarded by the police. This request is based on the right of the interested party, as established in article 14.5, and its result must be sent by the doctors to the competent authority for evaluation.

No. Article 14.2 of the Traffic Law obliges drivers (and those involved in accidents or violations) to submit to alcohol and drug tests. Refusal to take the test carries the same penalties as a positive result (a fine of 1,000 € and loss of 6 points on the license), plus additional liabilities arising from disobedience.

If the driver pays the fine and then the laboratory analysis shows a negative result for drugs, the administration will proceed to reimburse the amount paid, without any additional consequences or maintenance of the sanction.

CBD products may contain traces of THC that could test positive. Even if they contain less than 0.2% THC, the consumption of these products or smoking CBD can result in a positive saliva test because, as explained, the test only measures the presence of THC, regardless of the amount. We remind you that Cannactiva products are not intended for consumption. Vapes and products containing synthetic cannabinoids such as HHC or CB9 can also test positive.

Drogotests are available in pharmacies and even on Amazon. However, it should be considered that the sensitivity and detection threshold may vary between different tests, so a negative result in a pharmacy test does not guarantee 100% that the same result will be obtained in an official drogotest.

In occasional users, various reports indicate that THC is detectable within 24 to 48 hours after consumption, but in people who smoke marijuana regularly, the accumulation of the substance and its metabolites in the tissues, as well as various individual factors, can extend detectability to several days or even weeks.

Appealing the fine prolongs the process and implies waiving the 50% reduced payment. In general, the only way to win the appeal is to prove a negative test result, regardless of arguments such as being a CBD or THC user. If there is no negative test, an appeal is usually discouraged. If there is strong evidence to prove the absence of drugs in the body or if there are strong arguments questioning the validity of the test, an appeal could be filed.

In the workplace, drug testing is not generally mandatory, except in sectors where safety regulations require it, such as transportation, aviation or construction. A company may include these tests in its internal policy, but their application must respect the privacy and rights of the employee. Except in regulated cases, the employee is not obliged to submit to the test without his or her consent, and refusal cannot imply sanctions without legal justification. If a test is requested without a clear legal basis, it is recommended to seek advice from a lawyer specialized in labor law.